[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Page 66581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32031]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Amendment Pursuant to CERCLA

    In accordance with Department policy, 28 CFR 50.7, notice is hereby 
given that on November 5, 1998, a proposed First Amendment to Consent 
Decree in United States v. Beazer East, Inc., (S.D. TX.) (Civil No. H-
90-2406), was lodged with the U.S. District Court for the Southern 
District of Texas, pursuant to Sections 106 and 107 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. Secs. 9606 and 9607. The proposed First 
Amendment to Consent Decree provides for a change in the remedy 
selected by the U.S. Environmental Protection Agency, (``EPA'') for the 
South Calvacade Site (the ``Site''). On March 14, 1991, the Court 
entered the original Consent Decree in this case under which Beazer 
East, Inc. (``Beazer'') agreed to reimburse response costs incurred by 
EPA in connection with the Site, located in northeast Houston, Texas, 
and to implement the final plan for remedial action selected by EPA, 
embodied in the Record of Decision (``ROD''). The original ROD called 
for excavation and ``washing'' of contaminated soils. In June 1997, EPA 
amended the ROD as it pertains to the soil portion of the remedy, and 
selected instead a reinforced concrete cap to be constructed over 
contaminated soils at the Site. The groundwater portion of the remedy, 
which calls for activated carbon adsorption, remains unchanged. The 
proposed First Amendment to Consent Decree incorporates by reference 
EPA's Amended ROD.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments concerning the proposed 
First Amendment to Consent Decree. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, D.C. 20530, and 
should refer to United States v. Beazer East, Inc., D.J. ref. 90-11-2-
535.
    The proposed First Amendment to Consent Decree may be examined at 
the Office of the United States Attorney for the Southern District of 
Texas, 515 Rusk Street, 5th Floor, Houston, Texas 77002 and at the 
Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, 
D.C. 20005. A copy of the proposed First Amendment to Consent Decree 
may be obtained in person or by mail from the Consent Decree Library, 
1120 G Street, N.W., Washington, D.C. 20005. In requesting a copy, 
please enclose a check in the amount of $20.75 ($0.25 per page for 
reproduction costs) payable to: Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 98-32031 Filed 12-1-98; 8:45 am]
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